TBALink Opinion-Flash

February 19, 1997 -- Volume #3 -- Number #022

Here is today's issue of TBALink Opinion-Flash. What follows
is the document name, first paragraph and the names of the attorneys
for the parties (If you know one of them you might want to give
them a call, chances are they don't know about the opinion yet)
of each electronic opinion/rules released TODAY from the three
appellate courts.

This Issue IN THIS ORDER:

00-New Opinions From TSC

00-New Opinions From TSC-Rules

00-New Opinions From TSC-Workers Comp Panel

00-New Opinions From TCA

10-New Opinions From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.

Click the URL Link at end of each Opinion paragraph below. This
option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor

STANLEY ADAMS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Roseanne Ballin Charles W. Burson
Attorney at Law Attorney General & Reporter
4515 Poplar Avenue, Suite 527
Memphis, TN 38117-7584 Clinton J. Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General(Present)
John W. Pierotti
District Attorney General (Former)
Rhea Clift
Asst. Dist. Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge: SUMMERS
First Paragraph:
The appellant, Stanley Adams, was indicted for first degree murder and
especially aggravated robbery. The state sought the death penalty.
Pursuant to a negotiated plea, however, the appellant pled guilty to
second degree murder and aggravated robbery. He was sentenced to 45
years for second degree murder and 15 years for aggravated robbery.
The sentences were ordered to be served concurrently. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ADAMSS_OPN.WP6
HOWARD FRANKLIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Melanie E. Taylor Charles W. Burson
Attorney at Law Attorney General & Reporter
50 Front St N, Suite 1150 500 Charlotte Avenue
Memphis, TN 38103 Nashville, TN 37243-0497
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Amy P. Weirich
Assist District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge: Jones
First Paragraph:
The appellant Howard Franklin, appeals as of right from a judgment of
the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing. The appellant contends the trial
court erroneously concluded the appellant received the effective
assistance of counsel within the meaning of the United States
Constitution and the Tennessee Constitution. After a thorough review
of the record, the briefs submitted by the parties, and the law
governing the issue presented for review, it is the opinion of this
Court the judgment of the trial court should be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/FRANKLNH_OPN.WP6
STATE OF TENNESSEE
vs.
LARRY GENE HOPSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
W. Thomas Dillard Charles W. Burson
Attorney at Law Attorney General & Reporter
606 West Main Street, Suite 300 500 Charlotte Avenue
Knoxville, TN 37901-1126 Nashville, TN 37243-0497
Kenneth F. Irvine, Jr. William D. Bridgers
Attorney at Law Assistant Attorney General
606 West Main Street, Suite 350 450 James Robertson Parkway
Knoxville, TN 37901-0084 Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Pro Tempore
P.O. Box 1468
Knoxville, TN 37901-1468
Andrew Jackson, VI
Asst. District Attorney General
Pro Tem
P.O. Box 1468
Knoxville, TN 37901-1468
Judge: Jones
First Paragraph:
This Court granted the appellant's application for permission to
appeal to decide whether the Double Jeopardy Clause contained in the
United States Constitution and the Tennessee Constitution bars a
criminal prosecution when a law enforcement officer has seized the
property of an accused (a) used in the commission of the crime or (b)
constituted the fruits of the crime. After a thorough review of the
record, the excellent briefs submitted by the parties, and the
authorities which govern this issue, it is the opinion of this Court
the judgment of the trial court should be affirmed in part and
reversed in part. The judgment is affirmed to the extent the trial
court denied the motion to dismiss several counts of the indictment.
The judgment is reversed to the extent the trial court granted the
motion as to one count of the indictment.
URL:http://www.tba.org/tba_files/TCCA/HOPSONLG_OPN.WP6
DERRICK JOHNSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel L. Flatt Charles W. Burson
Assistant Public Defender Attorney General & Reporter
201 Poplar Avenue, Suite 2-01 500 Charlotte Avenue
Memphis, TN 38103 Nashville, TN 37243-0497
(Appeal Only)
Ellen H. Pollack
Donna J. Armstard Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01 Nashville, TN 37243-0493
Memphis, TN 38103
(Trial Only) John W. Pierotti
District Attorney General
OF COUNSEL: 201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
A C Wharton, Jr.
Shelby County Public Defender Reginald Henderson
201 Poplar Avenue, Suite 2-01 Assist District Attorney General
Memphis, TN 38103 201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge: Jones
First Paragraph:
The sole issue presented for review is whether the appellant is
entitled to have the judgment of this Court vacated and reinstated to
permit the filing of an application for permission to appeal in the
supreme court. The trial court found counsel did not file an
application for permission to appeal, and counsel failed to advise the
appellant he was not going to file an application for permission to
appeal on his behalf. The State of Tennessee confesses error. The
state agrees this Court should vacate its judgment and reinstate it so
the appellant can file an application for permission to appeal.
URL:http://www.tba.org/tba_files/TCCA/JOHNSON1_OPN.WP6
STATE OF TENNESSEE
vs.
TRAVIS LOVE and JAMES LEE
Court:TCCA
Attorneys:
For Appellant Love: For the Appellee:
William A. Zierer Charles W. Burson
124 W. Main Street Attorney General of Tennessee
P.O. Box 1276 and
Morristown, TN 37816 Sharon S. Selby
Assist Attorney General of Tenn
For Appellant Lee: 450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Bell
114 S. Main Street C. Berkeley Bell, Jr.
Greeneville, TN 37743 District Attorney General
and
Anthony E. Hagan
Assist District Attorney General
113 West Church Street
Greeneville, TN 37743
Judge: Tipton
First Paragraph:
The defendants, Travis Love and James Lee, were convicted upon guilty
pleas in the Greene County Criminal Court of the offenses of
possession with the intent to sell more than one-half gram of cocaine,
a Class B felony, and simple possession of marijuana, a Class A
misdemeanor. Lee also pled guilty and was convicted of possessing
less than one-half gram of cocaine with the intent to sell or deliver
it, a Class C felony. Each of the defendants received an eight-year
sentence for the Class B cocaine conviction and a sentence of eleven
months and twenty-nine days for the marijuana conviction. In
addition, Lee received a four-year sentence for possessing less than
one-half a gram of cocaine. All sentences are to be served
concurrently. The defendants appeal as of right upon a certified
question of law that is dispositive of this case. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LOVET_OPN.WP6
STATE OF TENNESSEE
vs.
JONATHAN MOORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Charles M. Corn Charles W. Burson
District Public Defender Attorney General & Reporter
P.O. Box 1453 500 Charlotte Avenue
Cleveland, TN 37364-1453 Nashville, TN 37243-0497
Caroline R. Krivacka
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0488
Jerry N. Estes
District Attorney General
203 East Madison Avenue
Athens, TN 37371
Stephen D. Ward
Assist District Attorney General
300 Tellico Street
Madisonville, TN 37354-0793
Amy F. Armstrong
Assist District Attorney General
203 East Madison Avenue
Athens, TN 37371
Judge: Jones
First Paragraph:
The appellant, Jonathan Moore, was convicted of aggravated assault, a
Class C felony, and coercion of a witness, a Class D felony, by a jury
of his peers. The trial court found the appellant was a standard
offender and imposed the following Range I sentences: (a) a fine of
$5,000 and confinement for three (3) years in the Department of
Correction, and (b) a fine of $3,000 and confinement for two (2) years
in the Department of Correction. The sentences are to be served
concurrently, but consecutively to an eight-year sentence for the
possession of cocaine with intent to sell. After a thorough review of
the record, the briefs submitted by the parties, and the authorities
which govern the issues, it is the opinion of this Court the
conviction for coercion of a witness should be affirmed, but the
conviction for aggravated assault should be reversed and the
prosecution against the appellant dismissed for the reasons set forth
in this opinion.
URL:http://www.tba.org/tba_files/TCCA/MOOREJ_OPN.WP6
BENJAMIN MOSS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
W. Mark Ward Charles W. Burson
Assistant Public Defender Attorney General & Reporter
147 Jefferson Avenue, Suite 900 500 Charlotte Avenue
Memphis, TN 38103 Nashville, TN 38103
(Appeal Only)
Clinton J. Morgan
Sherry Brooks Counsel for the State
Assistant Public Defender 450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01 Nashville, TN 37243-0493
Memphis, TN 38103
(Trial Only) John W. Pierotti
District Attorney General
OF COUNSEL: 201 Poplar Avenue, Third Floor
Memphis, TN 38103
A C Wharton, Jr.
Shelby County Public Defender Karen Cook
201 Poplar Avenue, Suite 201 Assist District Attorney General
Memphis, TN 38103 201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge: Jones
First Paragraph:
The appellant, Benjamin Moss, appeals as of right from the dismissal
of his suit for post-conviction relief. He contends counsel
terminated his right to file an application in the Supreme Court
pursuant to Rule 11, Tennessee Rules of Appellate Procedure. The
State of Tennessee confesses error. The state says in its brief:
"Appellant is entitled to have the judgment entered on November 2,
1994, vacated and immediately reinstated in order to allow him to file
with the Tennessee Supreme Court an application for permission to
appeal." The record supports the state's position. REVERSED;
JUDGMENT VACATED AND REINSTATED.
URL:http://www.tba.org/tba_files/TCCA/MOSSBEN_OPN.WP6
STATE OF TENNESSEE
vs.
RANDIE W. STECKLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ALAN R. FELTES CHARLES W. BURSON
Attorney for Appellant Attorney General & Reporter
159 West Main Street, Suite 1
Sevierville, TN 37862 SANDY R. COPOUS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
AL SCHMUTZER, JR.
District Attorney General
STEVEN E. HAWKINS
Assist District Attorney General
Sevier County Courthouse
125 Court Avenue, Suite 301
Sevierville, TN 37862
Judge: WOODALL
First Paragraph:
The Appellant, Randie W. Steckley, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure. The Appellant was indicted
for one count of aggravated rape, one count of aggravated sexual
battery and one count of aggravated burglary. The Appellant
negotiated a guilty plea, and pled guilty to rape and aggravated
burglary. As part of his guilty plea, the trial court was to decide
the length of sentence between eight (8) and twelve (12) years, and
the manner of service of sentence. He was sentenced by the Sevier
County Criminal Court to eleven years on the rape and five years on
the aggravated burglary to be run concurrently as a Range I Standard
Offender. The Appellant appeals his eleven year sentence on the rape.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/STECKLEY_OPN.WP6
STATE OF TENNESSEE
vs.
PRINCE JAMEEL R. TARIQ
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PRINCE TARIQ CHARLES W. BURSON
Pro Se Attorney General and Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge: WELLES
First Paragraph:
The Petitioner appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's denial of his
petition for post conviction relief. On July 25, 1995, the Petitioner
pleaded guilty to aggravated kidnapping and received a ten year
sentence. He filed a pro se petition for post-conviction relief on
November 30, 1995. In his petition for post-conviction relief, the
Petitioner argues that he was denied due process of law because the
attorney who represented him at his preliminary hearing had a conflict
of interest and that he was denied effective assistance of counsel at
his guilty plea proceeding. On December 21, 1995, the trial court
denied the petition without conducting an evidentiary hearing, finding
that the Petitioner had waived consideration of the issues. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TARIQ_OPN.WP6
STATE OF TENNESSEE
vs.
BOBBY TEASTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD CANTRELL MILLER CHARLES W. BURSON
District Public Defender Attorney General & Reporter
SUSANNA LAWS THOMAS ELIZABETH T. RYAN
Assistant Public Defender Assistant Attorney General
Fourth Judicial District 450 James Robertson Parkway
102 Mims Avenue Nashville, TN 37243-0493
Newport, TN 37821-3614
AL SCHMUTZER, JR.
District Attorney General
G. SCOTT GREEN
Assist District Attorney General
Sevier County Courthouse
125 Court Avenue, Suite 301
Sevierville, TN 37862
Judge: WOODALL
First Paragraph:
The Appellant, Bobby Teaster, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure. He was convicted by a
jury of bribery and subornation of perjury in the Sevier County
Criminal Court. Teaster was assessed a fine of $10,000.00 for the
bribery and $2,500.00 for the subornation of perjury. He was also
sentenced to consecutive sentences of ten years for the bribery
conviction and eleven months and twenty-nine days for the subornation
of perjury conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TEASTER_OPN.WP6

Feel free to forward this Opinion-Flash on to any attorney you
know of with an internet address, who is not a TBALink member.
To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day
via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank